Srinagar, Sept 08 (KNS): Jammu and Kashmir High Court on Friday quashed the detention of two religious clerics Abdul Rashid Dawoodi and Mushtaq Ahmad Veeri, who were booked under Public Safety Act last year.
According to separate orders, copies of which are in possession of Kashmir News Service (KNS), the judgements were pronounced by Justice Sanjay Dhar, judge of the Jammu and Kashmir High Court.
In the case of Molvi Abdul Rashid Sheikh alias Dawoodi, the court observed that from the legal position on the subject, it is clear that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
“Viewed thus, the petition is allowed and the impugned order of detention is quashed. The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case,” the court said.
Dawoodi, who is the head of ‘Tehreeqi-e-Sout-ul-Auliya’ was arrested in September last year and was lodged in Kotbalwal jail in Jammu on the grounds that his activities of were highly prejudicial to the maintenance of public order.
In the case of Mushtaq Ahmad Bhat alias Veeri, justice Rajnesh Oswal observed that perusal of the grounds of detention reveal that the same are vague more particularly in respect of allegations levelled against the petitioner that he was delivering anti national speeches.
“No date, month and year of the alleged delivering of anti-national speeches have been mentioned in the grounds of detention. Law is well settled that order of preventive detention cannot be issued on vague grounds as it disables the detenue to make effective and purposeful representation against the same,” the court observed.
It said that the present petition is allowed and the detention order No. 64/DMA/PSSA/DET/2022 dated 13.09.2022 passed by District Magistrate, Anantnag is quashed.
“However, taking into consideration the submissions made by learned counsel for the petitioner under instructions from the petitioner in respect of the voluntary offer of the petitioner to submit an undertaking, the petitioner is directed to furnish an undertaking before the District Magistrate concerned that the petitioner will not deliver any hate or anti-national speech on any occasion,” the court said.
It also said that the undertaking shall be furnished by the petitioner with in a period of 2 days after his release from custody and the receipt of the same be furnished before Registrar, Judicial of the court.
“The petitioner is ordered to be released forthwith, provided he is not required in any other case,” the court said.
Veeri, who is vice-president of Jamaat-e-Ahle Hadees, was arrested in September last year for delivering anti-national speeches during Friday sermons and that he played a key role in 2016 in provoking and instigating the youth. (KNS)